Good Samaritan Overdose Prevention (H 5416A, S 0576A)

Possibly the worst result of the legislative session was the expiration of the state’s life-saving Good Samaritan Overdose Prevention Act. When the law was first implemented in 2013, a two-year sunset provision was added; the law had to be reauthorized this year to remain on the books. To help ensure that people do not hesitate calling 911 in the case of an emergency out of fear of jail time, the law prohibited law enforcement from arresting for certain drug crimes those who call for help in the case of a drug overdose. However, it did not prevent a person’s probation or parole from being violated, leaving those individuals vulnerable to a return to jail if they call for help. In May, the Senate passed legislation (S 0576A) expanding the law to protect individuals on probation or parole from punishment when they seek help in the case of an overdose. Despite this passage, the House in June approved legislation (H 5416A) that removed all the increased protections of the legislation, and instead only extended the sunset provision of the law for another two years. The ACLU and other advocates called on the House to save lives, and approve only the Senate version of the legislation, and negotiations continued until the very last moments of the legislative session. In a stunning turn of events, the legislative session abruptly ended before either piece of legislation was approved by the opposite chamber. As a result, not only did the expanded protections not occur, but the entire Good Samaritan Overdose Prevention Act automatically repeals July 1.